Archive for the ‘Private Prosecution’ Category

On the sandy shores of Georgian Bay, Balm Beach offers spectacular sunsets, superb restaurants, bountiful amenities, and the chance to see some maniacs commit arson, vandalism, and assault without fear of the ever vigilant OPP.

John Marion and his family moved to a beautiful beach front home in Tiny Township for the same reasons that anyone else buys a house on the beach, but their dream home was turned into a nightmare by a group of juvenile minded thugs, and the OPP, all over a fence.

Like this:

In a disgusting show of disrespect for the people who pay his salary, a top crown official in Ontario first tried to wait out CHCH veteran Al Sweeney at the Cayuga courthouse last week, and when he failed at that he simply refused to speak to the media.

Apparently the new position of the Crown who is supposed to represent us is that we’re to be kept in the dark about how they choose to use the authority and abuse the trust that the public places in them. This cowardly move comes after the crown stayed charges against senior OPP officials for their role in targeting activist Gary McHale to be arrested.

As we’ve been taking a look at the various media outlets lately who have finally caught on to what’s happening in Caledonia, I think it’s only fair that we have a look at one who still has it all so wrong.

The Toronto Star published an editorial today called “much ado about Fantino” in which they make a bunch of classic, misinformed statements. It should be noted that I was unable to find the name of the author anywhere in the story, or on the website of the Star.

“Fantino and the OPP, who have been working hard to lower the temperature in the Caledonia conflict, do not appreciate McHale’s efforts.”

An exercise in futility may be the most appropriate way to describe the crown’s efforts in Cayuga court yesterday.

Christie Blatchford of the Globe & Mailsummed up the session quite nicely in her latest column stating: “The absurd exercise lends credence to speculation that the AG was planning to stay the charge against the OPP boss yesterday, but was outfoxed by Mr. McHale, who complained in writing last Wednesday that the earlier date wouldn’t allow him to prepare properly or present his evidence to the Crown.” If you have not yet done so I can not strongly enough recommend reading her column here.

After Gary McHale succeeded in having a criminal charge of attempting to influence a municipal official laid against Julian Fantino, the crown needed a plan to make the charge that they argued against in Superior court go away to appease the government who signs their pay cheques while still somehow appearing neutral to the public.

In the midst of the frenzy of Fantino coverage, there is a case taking place inside a Toronto court room today that is of great significance but has slipped quietly under the radar of most.

In July of 2009, Gary McHale won an unprecedented order of mandamus which combined with my own truly reshaped the landscape of private prosecution in Canada. A brief history of the significance of both cases is in order.

With a few strokes of the pen, it appears that the McGuinty government is once again set to cover for their appointed civil rights destructor, Julian Fantino. Mr. Fantino told the media just days ago that he intends to “vigorously” defend himself against the criminal charge he’s facing as a result of his threatening email to Haldimand council in 2007, but the crown (an employee of the McGuinty Liberals) appears to be quickly taking steps to subvert the efforts of CANACE and a superior court judge to see Mr. Fantino face the music.

After being cleared of any wrong doing by Monte Kwinter before an investigation into complaints against him had been written, Fantino was emboldened to continue to his campaign against the charter rights and freedoms of non-Native citizens in Ontario, and escalated both his rhetoric against us, and his orders to oppress us. See FantinoGate, this site, Caledoniawakeupcall.com, voiceofcanada, & CANACEfor in depth coverage of his attacks on democracy.

We have always had faith in the justice system to uphold the laws that the OPP have refused to, and as such we moved the battle to restore law and order into the courts in January 2008. It began with my efforts to see a Haldimand councillor charged after an assault on me, and exploded into superior court where judges have upheld our beliefs and consistently rebuked the crown for their position that OPP officers and government officials are not subject to the law during a Native land claim.

One of the most significant battles CANACE has faced for the past 3 + years is a propaganda war initiated by the OPP and in particular by Julian Fantino. Today what I would submit is the most significant article written by anyone in the mainstream media in the almost 4 years since DCE was seized by weaponized toddlers appeared in the Globe & Mail.

From the day that Fantino was appointed commissioner of the OPP, he has stated “there is one law for all” and worked very hard to ensure that the opposite is true, but in order to enforce race based policing he needed the majority of the public to believe that he was acting in good faith as an actual police officer instead of as a tyrannical puppet of the McGuinty government.

To that end, he simply told the media that the OPP have been doing the best they can, preserving the peace in a delicate and complicated situation, and an abundance of other catch phrases and buzz words designed to fool everyone into thinking he was doing his job instead of working to subvert the foundation of justice itself.

2009 was a landmark year for CANACEto say the least. We have perhaps appeared relatively quiet to the general public as of late because the bulk of our work has been in the Ontario court system, but this should not be confused with a lack of action on our part as we’ve been furiously busy.

January 27 CANACE founders traveled south of the border to meet with US officials and provide them with evidence regarding attacks on ATF agents and border patrol guards in Caledonia. Being invited into another Country to provide evidence that our own government refused to hand over to the States was to say the least one of those days that you realize you’ve accomplished something.

Crown Attorney David King stood in an Ontario Court of Justice on March 25, 2009 and proclaimed several things to the presiding Justice while refusing to prosecute a charge of Mischief against two Haldimand OPP officers.

#1 there is no reasonable prospect of convicting these officers based on the evidence.

#2 they were simply performing their lawful duty as police officers and keeping the peace by helping to build the fence.

#3 it is not in the best interest of the public to prosecute this case.

In what I believe will be a significant turning point in the battle against two tiered justice in Ontario, a nearly 2 year battle was won this week to have 2 OPP officers charged with Mischief for aiding Floyd Montour and Brian Skye in building a fence to keep the legal owner out of a construction site in Hagersville.

The event in question occurred on May 23, 2007 when 2 officers followed the instructions of illegal occupiers and assisted in the building of a barricade. I was at the scene and video taping at the time and have been attempting to see something done about it ever since.

I filed complaints with OCCPS in the summer of 2007 which were rejected on the grounds that I am not the owner of the property and as such had no right to complain. I appealed that decision without success, and in March of 2008 I began the process of laying criminal charges against them privately for Mischief.